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7.—(1) A request for a sample to be made available to an expert must be made on Patents Form 8 and must include details of the expert.
(2) Where the biological material has been deposited at an international depositary authority, the request must be accompanied by any form required by the Budapest Treaty.
(3) The comptroller must send a copy of Patents Form 8 to the applicant for the patent.
(4) Before the end of the period of one month beginning with the date on which a copy of Patents Form 8 is sent by the comptroller, the applicant may give notice of his objection to the particular expert, and where he objects the comptroller shall determine the matter.
(5) Where—
(a)the applicant does not object to the sample being made available; or
(b)following an objection, the comptroller decides that the sample should be made available to the particular expert,
the comptroller must issue a certificate authorising the release of a sample to the expert.
(6) A copy of Patents Form 8 (and any form required by the Budapest Treaty) and any certificate issued under sub-paragraph (5) must be sent to—
(a)the applicant for the patent;
(b)the depository institution where the sample of the biological material is stored;
(c)the expert; and
(d)the person who made the request.
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